LG Electronics Inc. v BSH Bosch Und Siemens Hausgerate GmbH

This decision concerns an opposition by LG Electronics Inc. to the trade mark application of BSH Bosch Und Siemens Hausgerate GmbH. The Registrar of Trade Marks was required to determine whether to register the trade mark, having regard to the grounds of opposition raised by LG Electronics Inc.

The primary legal issue before the Registrar was whether any of the grounds on which LG Electronics Inc. opposed the trade mark application had been established. The Registrar was required to decide, pursuant to subsection 55(1) of the Act, whether to refuse registration or to register the trade mark, with or without conditions or limitations.

The Registrar found that LG Electronics Inc. had not established any of the grounds of opposition. Consequently, the Registrar decided that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. The Registrar also awarded costs against the opponent, LG Electronics Inc., in accordance with the general rule that costs follow the event.